Aversano

Aversano v. GREENBERG TRAURIG, LLP

Good Law

753 F. Supp. 2d 1063·2010 WL 4828094·2010 U.S. Dist. LEXIS 125002

United States District Court, Central District of CaliforniaOctober 21, 2010Case SACV 10-1353 DOCCalifornia2,475 words

Opinion

Carter, J.

ORDER GRANTING Defendant’s Motion to Dismiss

Before the Court is Defendant Green-berg Traurig, LLP, et al., (“GT”)’s Motion to Dismiss. The Motion attempts to dismiss Plaintiff Rick Aversano (“Aversano”)’s civil RICO claim. The Court GRANTS the Motion for the reasons stated below.

I. Background

On September 17, 2010, Aversano filed his Second Amended Complaint (“SAC”) against GT, in which he alleged that GT had committed breach of contract; breach of fiduciary duty; professional negligence; and a Racketeer Influenced and Corruptions Organizations (“RICO”) violation pursuant to 18 U.S.C. § 1962 . See SAC. As stated above, this Motion only involves Aversano’s RICO claims.

According to the SAC, GT is a law firm that Aversano retained in order to seek advice participating in two transactions: Partnership Option Portfolio Securities (“POPS”) and Hedge Option Monetization of Economic Remainders (“HOMER”) (collectively “Transactions”). Id. at ¶ 2 . GT also advised Aversano about the resulting audits of those transactions conducted by the United States Treasury Internal Revenue Service (“IRS”). Id.

Aversano’s complaint alleges that GT advised him to invest millions of dollars in the…

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